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Using clips from other videos for profit an offense

By ZHANG ZHOUXIANG | China Daily | Updated: 2023-10-16 08:42
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A livestreamer promotes products at the Canon booth during an exhibition in Shanghai in August. [FAN JIANLEI/FOR CHINA DAILY]

"Can you ensure the quality of the watermelon you sell?" This famous quote from actor Sun Honglei's TV series in 2003 has been widely used as a humorous statement or sarcastic rhetoric in videos and online posts. It even figured in a video game operated by two companies, which were sued by Sun for exploiting his image for profit and linking his character to a vile person.

On Friday, the Chengdu Internet Court ruled that the two companies had violated Sun's right to his own voice, by using it to make profit, and therefore should pay him 30,000 yuan ($4,107) as compensation. Many say this is the first ruling of its kind.

The ruling is especially important in this age when everybody can be a "filmmaker". With video-editing software gaining popularity, it has become increasingly convenient for people to make video clips and post them on social media platforms to gain "likes" and followers. Such people are called "vloggers". As a matter of fact, quite a few number of video-makers make profit in this way, indicating "vlogging" is a new profession.

Yet instead of making videos using their own imagination or by focusing on the people and materials available in their surroundings, some "vloggers" are used to "collecting" materials from other videos and "gluing" them together into a product that they label as their own. This might be acceptable if they mean no harm and use the materials only for amusement. But it cannot be acceptable if the "vlogger" makes profit by gluing the "products" that other people have shot and used their imagination and creativity to make.

That's why the Chengdu court ruling is very important. The ruling makes it clear that not even a big company or celebrity can violate someone's right to his own voice or product and make profit. The ruling sets a precedent that those misusing another person's voice or image to make profit have to compensate the aggrieved person.

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